Locality Labs, LLC Terms of Use

These terms and conditions (the "Terms") govern your access to and use of Locality Labs, LLC’s Missouri Business Daily news site and mobile application (“Site”) that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Locality Labs, LLC, LLC (“Locality Labs, LLC"). If you are unwilling or unable to be bound by the Terms, please do not access or use the Site. Last Updated: January 7, 2016 “LOCALITY LABS, LLC” is an event based social media application which enables users to view, post and share information anonymously on wireless devices and Locality Labs, LLC.com (individually and collectively, “Locality Labs, LLC”). Your access and use of Locality Labs, LLC is subject to these Terms of Use ("TOU"). We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this TOU and the Privacy Policy at any time without notice.. Your continued use is subject to all such revisions. If you do not agree to these TOU then do not use Locality Labs, LLC news site.

Site Restrictions

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. We may terminate, without notice, your access to Locality Labs, LLC for failure to comply with this section. If you know of someone using Missouri Business Daily who is under age 18, please contact us at privacy@locallabs.com.

User Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data provided by the users of Locality Labs, LLC and any data extracted or compiled therefrom. Locality Labs, LLC is a passive conduit of Content and you agree that you are solely responsible for obtaining any third party licenses or other permissions related to your Content. As a provider of interactive services, Locality Labs, LLC is not liable for any statements, representations or Content provided by users utilizing Locality Labs, LLC. Although Locality Labs, LLC has no obligation to screen, edit or monitor any of the Content posted, Locality Labs, LLC reserves the right, in its sole and absolute discretion, to remove, screen or edit any Content posted or shared on Locality Labs, LLC at any time and for any reason without notice.

License

Users retain ownership of all content subject to Intellectual Property law. Locality Labs, LLC does not own the questions, however, by utilizing Locality Labs, LLC, you hereby grant to Locality Labs, LLC the non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, store, host, cache, reformat, publish, translate, encode, distribute, perform, publicly display and create derivative works of the Content in any and all media now known or hereafter developed (the “License”). As Locality Labs, LLC is news site and event based social media application and all Content is stored and maintained on Locality Labs, LLC’s servers, you acknowledge and grant the License in perpetuity, but in no event less than the term of any applicable worldwide copyright. You further acknowledge that Locality Labs, LLC may exercise its rights under the License without any obligation to compensate you for them (just as you have no obligation to post the Content). Our license ends when you delete the content or delete your account, unless this content has been shared with others and they have not deleted it.

Third Party Content

By using Locality Labs, LLC, you may be exposed to content that is offensive, indecent or objectionable. Locality Labs, LLC takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party.

USER RESTRICTIONS

You may not use Locality Labs, LLC to: i. upload, post, transmit, distribute, store or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii. upload, post, e-mail, transmit or otherwise make available any Content that: (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; iii. upload, post, transmit, distribute, store or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; iv. upload, post, transmit, distribute, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; v. act in a manner that negatively affects other users' ability to engage in real time exchanges; vi. interfere with or disrupt Locality Labs, LLC, our servers or networks (e.g. “Flooding”); vii. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; viii. advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes; ix. "stalk", harass or otherwise advocate the stalking or harassing of another person; x. post Personally Identifiable Information of any third party, solicit others to post third party Personal Information; or xi. collect or store Personally Identifiable Information about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above; xii. facilitate or encourage the violation of any of the above policies Additionally, you may not attempt to override or circumvent any security measures of Locality Labs, LLC or our third party partners.

MOBILE SERVICE

Locality Labs, LLC is accessible via a mobile device. Locality Labs, LLC does not charge a fee for this, but your mobile device carrier fees may still apply. Further, downloading, installing, or using certain portions of Locality Labs, LLC may be prohibited or restricted by your mobile device carrier, and not all features may function properly with all carriers, devices or software. We recommend you check with your mobile device carrier to find out what restrictions, if any, may be applicable to your mobile service.

LINKS

Locality Labs, LLC may contain links to other websites. Locality Labs, LLC does not monitor or check the accuracy of such third party materials and accordingly, Locality Labs, LLC has no control over such third party sites and resources. Locality Labs, LLC is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Service.

ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Locality Labs, LLC, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Locality Labs, LLC shall not be responsible or liable for any loss or damage incurred by you.

CONTRIBUTIONS TO LOCALITY LABS, LLC

We do not accept unsolicited feedback, ideas, documents, suggestions or other information (“Contributions”) about our products and services. We shall be free to use any Contributions provided by you for any purpose, such as improving our products and services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.

NO RESALE OF SERVICE

You shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Locality Labs, LLC.

MODIFICATIONS TO LOCALITY LABS, LLC

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of Locality Labs, LLC.

TERMINATION

We may terminate or suspend, without notice and in our sole discretion, your access to Locality Labs, LLC.

TRADEMARK INFORMATION

Locality Labs, LLC and any trademarks associated with Locality Labs, LLC are the property of Locality Labs, LLC. In no event shall any Locality Labs, LLC Marks be deemed sold or assigned to you as a result of your acceptance of this TOU or by your use of Locality Labs, LLC. Any and all rights not expressly granted herein are reserved.

INDEMNITY

You represent and warrant that you have full authority to enter into and accept this TOU and grant the rights and licenses herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through Locality Labs, LLC will violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold Locality Labs, LLC, its subsidiaries, affiliates, officers, agents, employees, partners and licensors (collectively, the “Locality Labs, LLC Entities”) harmless against any and all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein.

DISCLAIMER OF WARRANTIES

YOUR USE OF LOCALITY LABS, LLC IS SOLELY AT YOUR OWN RISK. LOCALITY LABS, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. LOCALITY LABS, LLC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LOCALITY LABS, LLC MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF WIRELESS APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND LOCALITY LABS, LLC’S REASONABLE CONTROL. FURTHER, LOCALITY LABS, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (INCLUDING WITHOUT LIMITATION, WIRELESS DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCALITY LABS, LLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, BREACH OF USER SECURITY, TERMINATION OF USER ACCESS OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOCALITY LABS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND LOCALITY LABS, LLC’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.

CHOICE OF LAW; ARBITRATION

Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Locality Labs, LLC (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN COOK COUNTY, ILLINOIS.

GENERAL

This TOU and the Privacy Policy comprise the entire agreement between you and Locality Labs, LLC and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TOU is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and Locality Labs, LLC. Any failure to enforce any provision of this TOU shall not constitute a waiver of such rights. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOU, as well as the provisions of this "General" section.

CONTACTING LOCALITY LABS, LLC

If you have any questions regarding this TOU or Locality Labs, LLC, please feel free to contact us at: